Dilip Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16258 of 2024 Arising Out of PS. Case No.-73 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== Dilip Kumar Sah Son of Ram Dayal Sah Resident of Village- Vishunpura Ward No. 06, P.S.- Jalalpur, District-Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh, APP For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned cousnel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maharajganj Excise P.S.Case No. 73 of 2023 instituted for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Amendament Act.

3. As per the prosecution case, total 95.040 liters of liquor was recovered from pickup van bearing Reg. No. BR31GA8912.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is driver of the said vehicle and he has no concern about the said liquor. No incriminating material has been recovered from the conscious possession of the petitioner. . The petitioner is in custody since 06.12.2023, having clean antecedent.

Patna High Court CR. MISC. No.16258 of 2024(3) dt.06-03-2024 2/2

5. Learned APP opposes the prayer for bail

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner, let the petitioner above named, is directed to be released on bail af ter framing of the charge be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court Excise-II Siwan/ concerned court in connection with Maharajganj P.S.Case No. 73 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 ( fifteen days from the date of receipt of a copy of this order. However, it is made clear that if the charge sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further conditions that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

N.K/- (Ramesh Chand Malviya, J) U T